Decree-holder pressed execution while the judgment-debtor's appeal with a delay-condonation application was pending. The High Court held that without challenging the decree or obtaining interim stay, the revision petitioner cannot seek stay of execution, and dismissed the Civil Revision Petition.
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C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.11.2024
CORAM
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
Mahboob Beevi @ Noorjahan .. Petitioner
Vs.
1.Raziya
4.Rajubunnissa
5.Piyaribegum
... Respondents
Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, to set aside the order dated 15.07.2024 made in E.P.No.35 of 2024 in O.S.No.378 of 2007 on the file of the District Munsif cum Judicial Magistrate, Thiruvennainallur.
For Petitioner : Mr.C.Munusamy For R1 : Mr.K.Murali
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ORDER
C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
This Civil Revision Petition has been filed seeking to set aside
the order dated 15.07.2024 made in E.P.No.35 of 2024 in O.S.No.378 of
2007 on the file of the District Munsif cum Judicial Magistrate, Thiruvennainallur.
decree obtained in the suit, she has filed an appeal along with the application to condone the delay of 19 days in filing the appeal and the same is pending before the Sub-Court, Ulundurpet. The 1st respondent/plaintiff has been repeatedly seeking adjournment in the petition to condone the delay in filing the appeal and she is also pressing the execution petition. Hence, the petitioner seeks to stay the execution proceedings.
maintainable. When the execution petition has already been filed, it is for
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C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
the petitioner to appear before the Executing Court and proceed with the same. Without challenging the judgment and decree and without obtaining interim stay of the judgment and decree, the petitioner cannot seek interim stay of the execution proceeding in the Civil Revision Petition. As such the Civil Revision Petition is not maintainable.
08.11.2024
rst Index : Yes/No Internet: Yes/No Speaking/Non-Speaking Order
To:
The District Munsif cum Judicial Magistrate, Thiruvennainallur.
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C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
N.SATHISH KUMAR, J.
rst
C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
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C.R.P.No.3583 of 2024 and C.M.P.No.19416 of 2024
08.11.2024
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1 issue framed by the court
Whether a Civil Revision Petition is maintainable to stay execution proceedings when the judgment and decree have not been challenged and no interim stay obtained.
1 provisions across 1 enactments
Mahboob Beevi @ Noorjahan
Raziya
Pavadai
Shajahan
Rajubunnissa
Piyaribegum
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
